Martinez

*1040 Opinion

Plaintiff accepted defendant’s settlement offer under Code of Civil Procedure section 998. 1 The offer expressly provided that each party would “bear their own costs” but contained no provision regarding “attorney fees.” The trial court denied plaintiff’s motion for statutory attorney fees on the ground they were part of the “costs” plaintiff agreed to bear. We affirm the trial court’s ruling.

FACTS AND PROCEEDINGS BELOW

Plaintiff Jessica Martinez brought an action against defendant Los Angeles County Metropolitan Transportation Authority (MTA) after one of its drivers refused to allow her to ride a bus with her “companion dog,” Romeo. Her complaint alleged causes of action for disability discrimination under federal and state law.

The MTA made a settlement offer under section 998. The offer stated in relevant part that the MTA “hereby offers to Compromise the above-captioned matter for the total sum of $2,501.00, each side to bear their own costs.” Martinez responded that she accepted the MTA’s offer “to compromise in the amount of $2,501.00, with each party bearing their own costs.”

Several weeks after accepting the MTA’s compromise offer, Martinez filed a…